Scott v. Palmer et al

Filing 130

ORDER STRIKING 128 Surreply signed by Magistrate Judge Sheila K. Oberto on 2/28/2013. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 FLOYD SCOTT, 10 Plaintiff, 11 12 CASE NO. 1:09-cv-01329-LJO-SKO PC ORDER STRIKING SURREPLY v. (Doc. 128) J. PALMER, et al., 13 Defendants. / 14 15 16 On February 28, 2013, Plaintiff filed a surreply relating to Defendants’ motion for reconsideration, which was filed on January 11, 2013. 17 Plaintiff does not have the right to file a surreply under the Federal Rules of Civil Procedure 18 or the Local Rules, he did not seek leave of court, and the motion in question was granted on 19 February 24, 2013. 20 21 Accordingly, Plaintiff’s surreply is HEREBY ORDERED STRICKEN from the record. Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404-05 (9th Cir. 2010). 22 23 IT IS SO ORDERED. 24 Dated: i0d3h8 February 28, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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